Racial Discrimination Act changes could lead to race riots, Government warned by ethnic groups

The Arab Council of Australia fears the RDA changes will lead to race riots similar to those in Cronulla in 2005.

AAP: Paul Miller

The Abbott Government is facing fierce and united opposition from influential ethnic groups over its proposed changes to racial discrimination laws, with one warning in a formal submission that the amendments will lead to race riots like those seen in Cronulla in 2005.

Exposure draft legislation of the changes was released by the Government five weeks ago and submissions are due to close today.

The Government wants to repeal key parts of the Racial Discrimination Act (RDA), including Section 18c which currently makes it illegal to publicly "offend, insult, humiliate or intimidate" a person or a group of people.

But the plan to ditch 18c has been roundly criticised, including by members of the Government's own backbench.

In their submissions, several groups from the Chinese, Arab, Indigenous, Greek and Jewish communities have urged the Government to abandon the proposal.

Peak lobby group the Federation of Ethnic Communities' Councils of Australia (FECCA) has warned the Government that the change would leave Australians with no protection against racial vilification.

Instead of being the welcoming and harmonious multi-cultural society that we all know Australia can be, the Government is allowing an element of hate to enter national discourse.

Chinese Australian Forum

"FECCA is of the view that the exposure draft fails to achieve an appropriate and reasonable balance between the protection from racial vilification and the protection of free speech," it says in its submission.

"Furthermore, it provides hardly any restrictions on free speech, while reducing the racial vilification protections to naught."

The Chinese Australian Forum (CAF) says it is an "immoral" move that will encourage racism.

"By repealing the racial vilification provisions in the RDA, the Government will be sending a message to the community that essentially anything goes in the name of free speech, that the changes to Section 18c will definitely perpetuate racial comments and abuse that will offend and humiliate," the CAF submission says.

"Instead of being the welcoming and harmonious multicultural society that we all know Australia can be, the Government is allowing an element of hate to enter national discourse.

"Any moves in the direction of allowing racially motivated hate language to enter society's vernacular is not only immoral, it is a step backwards to the stone ages."

CAF vice president Tony Pang described the Government's approach as "gung ho" and said: "I can't think of one organisation that supports the change".

The Australian Hellenic Council NSW, which represents key Greek community organisations, says "no proper case for change in the law has been made" and has added to calls to retain the existing law.

Arab council warns of heightened racial tensions

The Arab Council Australia (ACA) is also calling for the Government to abandon the plan.

"We are horrified that vulnerable people will be further disenfranchised if the proposed changes were to be adopted," the ACA submission says.

It goes on to warn that the changes could provoke similar scenes of racial tension and violence as the 2005 Cronulla riots.

We submit that the changes in the RDA could have a knock-on effect and perpetuate changes in other pieces of legislation and codes of conduct further downgrading protections afforded to all racial minorities.

Arab Council Australia

"ACA submits that without the protections we currently have in existence this will happen again," it says.

"Further we submit that the changes in the RDA could have a knock-on effect and perpetuate changes in other pieces of legislation and codes of conduct further downgrading protections afforded to all racial minorities."

The Government wants to retain as an offence any action that would "intimidate another person" and to create a new clause making it illegal to "vilify another person" on the basis of "race, colour or national or ethnic origin".

It argues that the new laws would both allow freedom of speech and strengthen the laws against racial vilification.

But the Sydney-based Executive Council of Australian Jewry says the proposals are fundamentally flawed, and is also calling for the exposure draft to be abandoned.

"The contemplated protections are artificially defined and unreasonably narrow," it says in its submission to the Government.

"The contemplated exceptions are unreasonably wide and readily open to abuse."

Kirstie Parker from the National Congress of Australia's First Peoples wants the changes to be scrapped completely.

"It adopts a very broad definition of harm," she said.

"It talks about physical harm and fails to recognise the emotional, psychological and social harm done by racism has a very real and adverse effect on particularly the way Aboriginal and Torres Strait Islander peoples can participate in society.

"We think it basically provides licence to racists."

Western Sydney MP received 'tens of thousands' of representations

Liberal MP Craig Laundy, who is the first Coalition MP to hold the western Sydney seat of Reid, says he has received tens of thousands of representations from his constituents urging him to fight the changes.

"I have been at functions with up to 700 people where I have been asked from a stage in front of the 700 people to fight, to not let this happen," he told ABC News Online.

"The representations I've received would amount into the tens of thousands about this.

"I say 'I'm listening', I say 'I'm your representative; my job is to take your views to Canberra and fight for them'."

Mr Laundy said that since he made his personal opposition to the changes public several Cabinet ministers and about 25 Coalition backbenchers have also contacted him to discuss the issue.

The Parliamentary Secretary for Multicultural Affairs, Senator Concetta Fierravanti-Wells, has welcomed the feedback.

"I am very pleased that the consultation has resulted in so many people and organisations making submissions," she told ABC News Online.

"It's really important as a government that we are aware of the differing views on this issue."

Attorney-General George Brandis has defended the changes by telling Federal Parliament that people have "a right to be bigots", but he has also left open the possibility of further amendments by saying he is "very open to other suggestions".

Section 18C became law in 1995 in response to recommendations from major inquiries including the Royal Commission into Aboriginal Deaths in Custody.

In 2011, conservative media figure Andrew Bolt was found to have breached the Act over two articles he wrote in 2009 about light-skinned people who identify as Aboriginal.

A federal court judge found that Mr Bolt's articles would have offended a reasonable member of the Aboriginal community, that he had not written them in good faith and that there were factual errors.

At the time, Mr Bolt said it was "a terrible day for free speech in this country". He has welcomed the Government's proposed changes.